St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-11-16
the supreme court yesterday and sub
CIRCUIT COURT.


CIRCUIT COURT.
Judge Nelson filed a decision yester-
day in what has been a very long drawn
out case in the United States circuit
court. 1t was all over a patent wash
board. Pfanschmidt, Dodge & Co.,
brought suit long time ago against the
p. ii. Kelly Mercantile company for in
Engagements upon the patent of David
l. George. Mr.. George is member of
the concern of PfanSchmidt, Dodge IL
Co. The plaintiffs alleged that the Z.
II. Kelly Mercantile company was
using the George patent, To show
what the George patent amounted to
plaintiffs alleged that they had sold
10000 dozens in three years and had
done large amount of business as far
as dollars and cents were concerned.
Defendants fell back upon the claim
that the Heath patent was older than
the George patent. The difference in
these patents was that the former used
two corrugated zinc plates and the lat
ter only single plate. Judge Nelson
renders decree for the Kelly Mercan
tile company, saying that the single
plate used by George is simply the
equivalent of the two zinc plates used
in the Heath patent, and that the Heath
patent, issued Sept. %, 1875, antedateS
that of George, which was issued Feb.
%, 1877. He considered only the de-
Tense of want of patentable novelty in
the George improvement. The plant
ifs attorneys will make an effort to
have re-hearing.
DISTRICT COURT.
In the court case of John J. SimensOn
against Hoyt x Son, before Judge Brill,
Judgment was rendered for the plaintiff.
The appeal of Charles Z. Dickerman
from the assessment of the board of
public works for the opening, etc., of
Pacific street. on lot 2, block 81, Subur-
ban Hills addition, is now on trial. The
court call for to-day is: Martin VS.. Hill,
johnson vs. Carpenter, COster VS.. Shan
nahan, Gribben VS.. Bunnell, Anthem VS..
City, and Erdman VS.. Willis ct al.
Carl Huebner states that DR.. {. n.
DOrion made him the doctors book.
keeper and collector by contract, and
that he was to receive 6 per cent of all
accounts collected between Nov. l, 1886,
and Nov. |, 1887. For some reason or
other DR.. DoriOn dispensed with Hue
bner's services July 81, 1887. Now Mr..
Huebner sues the doctor for S153.S7 dam
ages, saying that for the time actually
put in he had received s461.46.
In the divorce case of Ellen FitZsim-
mons against Charles FitZSimmOnS,
Judge SimOnS filed decree of divorce.
The parties were married in MinneaDo-
lis in December, 1882, and Mr.. FitZsim-
mons deserted his wife in April of the
following year at Belle PLANE.
The call of jury cases for to-day is:
Berryhill VS.. Hart, Schurmeier VS..
Moriarty. First VS.. Thauwald, Mcintyre
VS.. Prince; DeniSOn VS.. st. Paul IL Du-
1Irfh hV hx-t
church, Chaplin VS.. Dwyer and Merrill
VS.. Minneapolis & st. Louis.
In the rather mixed case of John j.
Stiefel against Andrew Schlitz, in which
one party presented a claim and the
other a counter claim, Judge SimOnS
found Judgment for S121.5 SIS for the plain
tiff.
The Northwestern smoke consumer
case in replevin of Cooke. one of the
victims, against Wilcox, is still on trial
before jury in Judge Kelly's court.
In the action OF the Bank of Mime
sofa against G. E. Dittman and Frank
5. Hagenmiller, the jury found YER
dict of S2,002.93 for the plaintiff.
The case of r. w. Bell for $500 insur-
anee against the Sun Fire Insurance
company was dismissed because the
building was unOccupied.
The suit of Major Hall against William
Johnson for a commission for sale of
real estate is now on jury trial in Judge
Wilkins court room.
John Lauer sues Owen McCann for
S310.25 on accounts for merchandise.
MUNICIPAL COURT.
In the police court John Miller,
charged with rObbing fellow bOarder
in q Robert street lodging house, was
sent up for thirty days.
H. Bremen, arrested on complaint of
James Flanagan. loan agent at 32l
Jackson street, for selling mortgaged
horse, was discharged.